A/HRC/4/33/Add.2 Page 110 those involved in the arrest or questioning of the detainees or the investigation of the incident provoking the detention. Police officers should not be present during the medical examination. Protocols should be established to assist forensic doctors in ensuring that the medical examination of detainees is comprehensive. Medical examinations should not be performed within the State Security Court facilities. Medical certificates should never be handed to the police or to the detainee while in the hands of the police, but should be made available to the detainee once out of their hands and to his or her lawyer immediately. 622. According to information received from NGOs and other sources, the Forensic Medicine Institution, which is primarily responsible for documentation of torture and illtreatment, is dependent on the Ministry of Internal Affairs and its personnel are State employees. In the past, medical reports of independent physicians have not been taken into account in court cases relating to torture or ill-treatment. According to the Code of Criminal Procedure of 1 June 2005, victims, accused persons, prosecutors and judges can now demand an independent expert opinion. However, this opinion only constitutes supplementary evidence to the views of the official health institution. Concern is raised about the provision in the Code of Criminal Procedure according to which security officials, who have been involved in the arrest and/or interrogation of the detainee, can transfer this person to his or her medical examination. Furthermore, they can be present during the examination in order to ensure the personal security of the physician. Confidentiality of medical records has been violated at a number of occasions, and there are claims that security officers have even sought to influence the content of medical reports. 623. The Government drew the Special Rapporteur’s attention to the relevant sections of CPT’s report on its visit in December 2005 [CPT/Inf (2006) 30, para. 25, 26], according to which “The provisions of the revised Regulation on Apprehension concerning the system for the medical examination of persons in police/gendarmerie custody are consistent with CPT’s previous recommendations on this subject. In particular, it is spelt out that the examination must take place in the absence of law enforcement officials, unless the doctor requests their presence in a particular case; further, emphasis is placed on ensuring the confidentiality of the report sent to the public prosecutor. CPT also welcomes the stipulation that the doctor should immediately notify the public prosecutor if he makes any findings indicative of the offences of torture or illtreatment. The December 2005 visit offered another opportunity to review the operation of the system; for this purpose, the delegation heard the accounts of numerous persons who were (or had recently been) in custody, interviewed doctors called upon to examine detainees as well as police/gendarmerie officers, and examined medical reports drawn up following such examinations. As regards the issue of the confidentiality of the medical examinations, the information gathered indicates that it is still far from being guaranteed. Most detained persons claimed that they had been examined in the presence of law enforcement officials, and such a practice was openly acknowledged by medical staff at Van State Hospital. Similarly, the requirement that the report be transmitted to the prosecutor in a closed and sealed envelope was often not being complied with. From the information gathered it would also appear that detained persons were still usually medically examined with their clothes on and that, in most cases, the medical findings were limited to "No signs of physical ill-treatment/injuries". The poor quality of the medical reports drawn up after these examinations, and the obstacles this raised in the context of legal proceedings in respect of allegations of ill-treatment, was highlighted by one senior public prosecutor met by the delegation during the visit.”